JM (Homosexuality: Risk) Uganda v. Secretary of State for the Home Department.

  • Category: Case Law
  • Source: National Authorities
  • Subject: Discretion,Deportation,Asylum/Refugee,Documentation status,Gay,Homophobia,Homosexuality,Law/Legistation
  • Place: Uganda
  • Year: 2007
  • URL: Refugees_JM-Homosexuality.pdf
The appellant is a citizen of Uganda born on 2nd May 1975. He first arrived in the United Kingdom on 17th August 2000 and was given six months leave to enter as a visitor. After that he did not seek to renew his leave but claimed asylum on 28th March 2002. Essentially, the basis of his claim was that as a homosexual he would face persecution or other degrading treatment in Uganda were he to return. By a decision of 4th April 2002, the Secretary of State refused to recognise the appellant as a refugee and issued directions for his removal. The matter came before an Adjudicator, Mrs P Wellesley-Cole, for hearing on 12th March 2003. The appeal was dismissed in all respects. The appellant sought to appeal to the Immigration Appeal Tribunal which appeal was heard by a panel of two Vice Presidents on 28th July 2003. The appeal was dismissed. Thereafter an appeal was made to the Court of Appeal against the decision of the AIT. By an order of Keene LJ on 23rd November 2004, the decision of the Immigration Appeal Tribunal was quashed and the matter remitted to the AIT for a fresh hearing before a differently constituted Tribunal. There was a further period of delay before the matter came back before the Asylum and Immigration Tribunal. The first stage for reconsideration was conducted by a panel of Senior Immigration Judges on 24th July 2006, the focus of that reconsideration being the original determination of the Adjudicator. The Tribunal did not find her determination to be clear as to the central issues.